The Supreme Court (SC) En Banc has granted the privilege of a writ of amparo to the family of Henry Tayo Jr., who went missing after being detained at the Bacolod City Police Station 8 for theft in September 2022.
In a decision written by Associate Justice Japar Dimaampao and made public March 11, the SC En Banc ruled that failing to conduct a proper and thorough investigation in cases of enforced or involuntary disappearance violates or threatens a person’s right to life, liberty, and security.
“Investigations must be serious and effective, not just a mere formality,” the SC stressed.
The police claimed that they released Tayo the same day (Sept. 27, 2022) to the five tanods of Barangay Singcang-Airport and to one of the complainants against him. However, his family never saw him again.
The police presented a video of Tayo signing the release logbook but could not produce footage of him actually leaving the station, despite multiple requests from the Tayo family, the Commission on Human Rights, and the Public Attorney’s Office, the SC Office of the Spokesperson said in a press release.
The Tayo family filed a petition for a writ of amparo, requesting the issuance of a production order against the police with the RTC. The RTC issued a writ of amparo and directed the police to file a verified return within 72 hours.
The police alleged that the Tayo family failed to prove that the police were responsible for Tayo’s disappearance or that they withheld information on Tayo’s location. They explained that even with an IT specialist’s help, they could not retrieve the video showing Tayo leaving the police station because the recording device only stored data for five days.
The RTC later denied the privilege of the writ of amparo, finding that there was no showing that the police refused to provide information on Tayo’s whereabouts or that they participated in Tayo’s disappearance.
But the SC reversed the RTC decision and granted the privilege of the writ of amparo to the Tayo family.
The SC found that all elements of enforced disappearance were present: there was an arrest, detention, abduction, or deprivation of liberty conducted by the State, followed by its refusal to acknowledge or provide information on the fate or whereabouts of the person, with the intention of removing the person from the protection of the law for an extended period.
It added that the police failed to exercise the extraordinary diligence required by the Rule on the Writ of Amparo.
The SC declared the police responsible and accountable for Tayo’s enforced disappearance and ordered them to produce all relevant documents and materials connected to the case.
It also ordered the Napolcom, the Philippine National Police, and the DILG to quickly and fully investigate Tayo’s disappearance and recommend the filing of appropriate criminal and administrative charges against them, if warranted.
The case was remanded to the RTC for implementation of the SC’s orders, the Office of the Spokesperson said. ||
